People v. Conway, 157.
| Decision Date | 13 November 1923 |
| Docket Number | No. 157.,157. |
| Citation | 195 N.W. 679,225 Mich. 152 |
| Parties | PEOPLE v. CONWAY. |
| Court | Michigan Supreme Court |
OPINION TEXT STARTS HERE
Exceptions from Circuit Court, St. Clair County; Eugene F. Law, Judge.
Helen Conway was convicted of violating the liquor law, and she excepts. Reversed, and new trial granted.
Argued before WIEST, C. J., and FELLOWS, McDONALD, CLARK, BIRD, SHARPE, MOORE, and STEERE, JJ. David A. Fitzgibbon, of Port Huron (J. B. McIlwain, of Port Huron, of counsel), for appellant.
Robert M. Soutar, Pros. Atty., and Jesse P. Wolcott, Asst. Pros. Atty., both of Port Huron, for the People.
The defendant was convicted of a violation of the liquor law, and has brought her case here on exceptions before sentence. The information charges her with keeping a place where intoxicating liquors were ‘illegally possessed, sold, stored for sale, given away or furnished.’
On the 15th of January, 1923, the sheriff of St. Clair county secured a warrant for the arrest of the defendant, Helen Conway, and one Charles McCulloch. Accompanied by several deputies and police officers, he went to the defendant's residence, and placed them under arrest. He then took them to the jail, leaving the other officers in charge of the house. While he was gone they searched the premises for liquor, but found none. When he returned, the search was continued, resulting in the discovery of six quarts of moonshine whisky, or white mule, concealed under the floor at the top of the stairway. The liquor thus obtained was used in evidence against the defendant on the trial.
After the arraignment and plea, defendant's counsel moved for the suppression and return of the liquor; he objected to its use as evidence; and, at the close of the people's proofs, moved to strike out all of the testimony with reference to it. The motions were denied, and the objections overruled.
The defendant rested with the people's case.
The use of this liquor as evidence, which the defendant claims was unlawfully obtained, is the principal question presented by the record.
The following quotations from the testimony of three of the officers show the main facts in regard to the search and seizure of the liquor:
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State v. McCollum
...an incident of the arrests. See Silverthorne Lumber Co. v. United States, 251 U.S. 385, 391, 40 S.Ct. 182, 64 L.Ed. 319; People v. Conway, 225 Mich. 152, 195 N.W. 679; Gamble v. Keyes, 35 S.D. [644], 645, 650, 153 888.' The fourth amendment to the United States constitution, which provides ......
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State v. Sanders
...31, 46 S.Ct. 4 (citing Silverthorne Lumber Co. v. United States, 251 U.S. 385, 391, 40 S.Ct. 182, 64 L.Ed. 319 (1920); People v. Conway, 225 Mich. 152, 195 N.W. 679 (1923); Gamble v. Keyes, 35 S.D. 644, 153 N.W. 888 (1915)). The search of Agnello's house was attenuated in both time and plac......
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State v. James
...334 U.S. 699, 68 S.Ct. 1229, 92 L.Ed. 1663 (dissenting opinion); United States v. Coffman, D.C., 50 F.Supp. 823; and People v. Conway, 225 Mich. 152, 195 N.W. 679.14 Agnello v. United States, 269 U.S. 20, 46 S.Ct. 4, 70 L.Ed. 145; Jones v. United States, 357 U.S. 493, 78 S.Ct. 1253, 2 L.Ed.......
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State v. Johnson
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